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This term refers to a
Conditional Fee Agreement and is available to those who have
had an accident that is not their fault. The injured party
will consult a lawyer who will assess the case. If the lawyer
feels that there is a good case for compensation, they will
recommend that you take out an insurance policy to help
protect you from the legal expenses should the case not be
successful. With a successful claim the other party will
re-pay most if not all expenses, and if the case is lost the
insurance policy will meet the costs. In the event of winning
the case, the lawyer acting on your behalf will be awarded a
success fee.
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If your case is won, the lawyer
acting on your behalf will be rewarded with a success fee.
This is agreed at the outset of the case and is a percentage
(up to a maximum of 100%) of the base costs of the
case.
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The other driver must, at
law, be at least partly at fault (negligent) in the
circumstances of the accident. Where you are also partly at
fault your damages will be reduced accordingly (contributory
negligence).
Court proceedings must be commenced for a
personal injury claim, within 3 years of the accident
otherwise it will be almost impossible to pursue the claim
(the claim will be statute barred). In the case of a child,
the 3 years starts on the date of their 18th birthday. There
are however, some exceptions to this so we advise that you
seek advice from one of our solicitors should you believe you
have a claim.
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There is a wide range of losses
and expenses that can be re-claimed from the other driver. The
law allows you to recover for any reasonable loss or expense
incurred as a result of the accident. Examples of these are
claims for the pain and suffering caused by the accident,
associated costs such as medical costs (medicines, transport
to and from hospital), lost earnings due to time of work and
the replacement of damaged goods.
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Yes. Despite in
most instances not having a specific individual to claim
against, you can make a claim to the Criminal Injuries
Compensation Authority (CICA).
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This will depend on the
type of claim, the injuries sustained and the complexity of
the case. A small claim can settle in a couple of months
whilst others can take years. The amount of compensation
reflects the severity of the injuries (and usually the length
of time taken to resolve the claim).
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What is a 'no win no fee' arrangement?